OPINION

The opinion was issued in the procedure following three complaints submitted by A.A. from A, on her own behalf and on behalf of her minor sons B.A. and V.A., against the Primary School “Čeh Karolj” in Ada, the school principal, and the school psychologist, regarding discrimination based on financial status and marital and family status. The complaints stated, among other things, that the principal and the psychologist disparaged the complainant and her children, who are pupils at the school, that they looked down on her, and that the principal “verbally indicated that she lacked parental capacity and did not take care of her children,” as well as that, in various school proceedings, preference was given to the children of wealthier parents compared to her sons. In their statements, the principal and the psychologist denied the allegations, claiming that the school cooperates with the complainant, that the school cooperated with the Center for Social Work regarding support to the pupils and their family, and that, in relation to the need to provide support to the complainant’s children, the school also contacted the competent school administration and an educational advisor. During the proceedings, it was established that the complainant did not submit evidence to substantiate the allegations that preference was given to the children of wealthier parents, while the school submitted evidence supporting its claims that its actions were not caused by any personal characteristics of the complainant or her children. Furthermore, it was established in the procedure that the act of throwing away the school snack of pupils B.A. and V.A. into the trash on 22 November 2019 constituted degrading treatment that violated the dignity of pupils B.A. and V.A. and created a humiliating and offensive environment for them. For all these reasons, the Commissioner for the Protection of Equality issued the opinion that, in the procedure regarding the complaint of A.A. from A, it was established that the financial status and family status of the complainant and her sons did not influence the actions of the Primary School “Čeh Karolj” in Ada, whether in undertaking measures and activities, providing support in the upbringing and education of pupils B.A. and V.A., or in cooperation and communication with the complainant in her capacity as a parent of school pupils. In other words, the school did not, through its actions, place the complainant in a less favorable position based on her financial status and marital and family status. However, regarding the incident involving the thrown-away snack and the indication, in front of other pupils, that the children were beneficiaries of social assistance, it was established that the provisions of Article 12 of the Law on the Prohibition of Discrimination were violated. The Commissioner recommended that the Primary School “Čeh Karolj” in Ada send a written apology to pupils B.A. and V.A. concerning the incident of 22 November 2019, that it organize training for all school staff on the prohibition of discrimination and protection against discrimination, and that in the future, while performing tasks within its activities, it refrain from violating the provisions of the Law on the Prohibition of Discrimination and anti-discrimination regulations.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković